Posts Tagged ‘Smoking’

Smoking Law Update: N.C. Court of Appeals Clarifies the Private Club Exemption

Wednesday, February 20th, 2013

Smoking has been prohibited in most North Carolina restaurants and bars for three years now, since January 2010. The legislation that imposed the smoking ban (S.L. 2009-27) included an exemption for non-profit private clubs—an exemption that began provoking questions before the law even went into effect. In recent months, the North Carolina Court of Appeals […]

What is the Territorial Jurisdiction of a Board of Health Rule Regulating Smoking?

Wednesday, August 15th, 2012

UPDATE: I wrote a more detailed manuscript about this issue for the February 2013 county attorneys’ winter conference. It is available here. Later that same month, a NC Attorney General advisory letter addressed this issue and reached conclusions similar to mine. The AG letter is available here.  In a North Carolina county—let’s call it Dogwood […]

Does North Carolina’s New Smoking Ban Apply to your Country Club?

Tuesday, February 23rd, 2010

UPDATE: In March 2012, the N.C. Court of Appeals held that the smoking law’s exemption for country clubs extends only to nonprofit country clubs. Edwards v. Morrow, 725 S.E.2d 366 (N.C. App. Mar. 20, 2012), appeal dismissed and review denied, 2012 WL 6651164 (N.C. Dec. 12, 2012). For more information, see this post.   Since January 2, […]

Local Smoking Regulation: Should You Adopt a Health Rule or an Ordinance?

Tuesday, December 1st, 2009

The new smoking law, S.L. 2009-27, not only prohibits smoking in most bars and restaurants across the state but it also significantly expands local governments’ authority to regulate smoking. Beginning January  2, 2010, local governments may adopt and enforce ordinances, board of health rules, and policies restricting or prohibiting smoking that are more restrictive than […]

Smoking: What Is A Restaurant?

Tuesday, August 4th, 2009

Shortly after the 2010 New Years’ celebrations have died down, smoking will be prohibited in most restaurants and bars across the state. In addition, local governments will have new authority to regulate smoking in many public places. The new law can be seen here and my summary of it is in this Health Law Bulletin […]